||All England Reporter
|| All ER (D) 14 (Jun)
||Court of Appeal, Criminal Division
Thomas LJ, Teare and King JJ
||Imran Shafi (assigned by the Registrar of Criminal Appeals) for the defendant.
||David Steer QC (instructed by the Crown Prosecution Service) for the Crown.
||3 June 2008
Criminal law - Trial - Murder - Whether facts of case revealing provocation - Judge failing to put alternative verdict of manslaughter before jury - Whether conviction unsafe.
The defendant's appeal against conviction of murder on the basis that the judge had erred in failing to leave the alternative verdict of manslaughter before the jury, where the facts of the case had raised provocation, would be dismissed. Whilst there had been some evidence of provocation fit to be left to the jury there had been no evidence whatsoever that the defendant had suddenly and temporarily lost control. In those circumstances, it would have been in breach of the judge's duty to invite the jury to speculate as to provocation.
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